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(영문) 전주지방법원 2018.05.15 2018고단411
상해
Text

Defendant shall be punished by imprisonment with prison labor for 6 months and by imprisonment for 4 months with prison labor for the crimes No. 2 of the holding.

Reasons

Punishment of the crime

[criminal record] On August 10, 2017, the Defendant was sentenced to imprisonment with prison labor and one year and six months at the Seoul Central District Court on November 24, 2017 and the said judgment became final and conclusive on November 24, 2017.

[2] On January 6, 2018, the Defendant: (a) 15:30 on January 6, 2018, 2018, the Defendant: (b) 15:30 on the ground that the Defendant was a victim D (39 years old) who was detained in the same ward in the 4th floor C of the Seoul detention center, which was located in the same ward located in the 143-ro of the 15:30 Gangyang-si, the Seoul detention center’s 4th floor, and (c) 1:39 years old, the Defendant laid off the closed breath of the victim’s face to drinking during the time of drinking.

Ⅱ The Defendant was confined in the same ward on September 22, 2017, 2017, from 8 water-dong sub-story E located in the Seoul detention center, located in the 143 Gangyang-si around 03:30 on September 22, 2017;

F When the victim G(37 tax) who was feld by the victim G (37) who was feld by the victim was feld in the opening of the toilet door, the victim's face part of the victim's face, etc. was flick, and the above detention house school also H even though it was flick, and the victim's back water and trees were flick on the part of the victim, and the victim's back water and trees were flicked.

Summary of Evidence

1. Previous convictions in the judgment: Inquiry about criminal history, investigation report (verification report of criminal history), and text of the judgment “2018 Highest 411”);

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to I and J;

1. Each photograph "2018 Highest 715";

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement;

1. Application of employment reports, and photographs under each Act and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act: Provided, That in the case of self-injury on January 6, 2018 due to reasons for sentencing Article 39(1) (as to the crime of self-injury on September 22, 2017), the latter part of Article 37 of the Criminal Act is subject to the latter part of Article 37 of the Criminal Act, and thus, the sentencing criteria are not applicable.

1. The scope of punishment recommended on the sentencing criteria (by January 6, 2018);

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